Head of HR resigns over workload: constructive dismissal claim rejected
A tribunal dismissed a constructive unfair dismissal claim by a Head of HR who resigned after feeling overwhelmed, finding no repudiatory breach by the employer.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as Head of HR from February 2018 until her resignation in February 2020.
- The claimant requested additional HR resources, including a team, but the respondent provided interns and a subscription to Moorepay HR advice service.
- The claimant alleged harassment related to race and religion, including being called useless and having her intelligence insulted, but the tribunal found these allegations not proven.
- The claimant resigned on 4 February 2020, giving three months' notice, and did not mention bullying or harassment in her resignation letter.
- The tribunal found no repudiatory breach of contract and dismissed the constructive unfair dismissal claim.
Timeline
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Employment started
Claimant began as Interim HR manager on a 3-month fixed term contract.
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Became Head of HR
Claimant started a one-year fixed term contract as Head of HR.
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Awayday incident alleged
Claimant alleged she was humiliated at a manager's awayday; tribunal found no humiliation.
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Conversation about dating
Ms Dubarry mentioned a Christian dating site; tribunal found it not inappropriate.
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Appraisal meeting
Claimant's performance assessed as good; she expressed interest in leading Christian Fellowship.
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Permanent contract started
Claimant began permanent contract as Head of HR.
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One-to-one meeting
Claimant said she was overwhelmed and considering leaving; Ms Dubarry offered to review workload.
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Resignation
Claimant resigned at HR Sub-committee meeting, giving three months' notice.
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Sick note for stress
Claimant submitted sick certificate for stress and anxiety.
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Employment ended
Claimant's last working day.
The legal issue
The tribunal had to decide whether the employer's conduct amounted to a repudiatory breach of contract entitling the employee to resign and claim constructive dismissal, and whether the employee was harassed on grounds of race or religion.
The outcome
The tribunal dismissed all claims. It found that the employer had not acted in a way that destroyed trust and confidence. The allegations of harassment related to race and religion were not proven on the evidence.
No compensation was awarded as the claims failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer – feeling overwhelmed or unsupported is not enough.
- Resignation letters should clearly state the reasons if relying on a breach of contract; vague or polite resignations weaken a constructive dismissal case.
- Allegations of harassment must be supported by evidence; tribunals will scrutinise the context and credibility of each incident.
- Employers can manage workload expectations and resource constraints without necessarily breaching the employment contract.
When a resignation is not a dismissal
This case shows the high bar for constructive dismissal claims. The Head of HR resigned after feeling overwhelmed by her workload and alleging a lack of support. However, the tribunal found that her employer, Caritas Anchor House, had not breached the implied term of trust and confidence. The employer had provided interns and a subscription to an HR advice service, and had offered to review her workload. The tribunal noted that the claimant did not mention bullying or harassment in her resignation letter, which undermined her later claim.
What the employer did right
Caritas Anchor House, a homeless charity with limited resources, was able to show it had acted reasonably. It had offered support, including a subscription to Moorepay HR advice service, and had discussed workload concerns with the claimant. The tribunal accepted that the charity's financial constraints meant it could not simply add more staff. The employer also had a clear record of the claimant's performance being assessed as good, and there was no evidence of harassment related to race or religion.
Key takeaways for similar claims
Employees considering constructive dismissal should ensure they have clear evidence of a fundamental breach by the employer – such as a significant change to terms or a serious failure to address grievances. A resignation that does not explicitly reference the alleged breach can weaken the claim. For employers, this case demonstrates that offering support and engaging with workload concerns can help defend against such claims, even if resources are limited.
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